Our specialist immigration team comprising of both solicitors and barristers recently received the wonderful news that our client’s (the Applicant) application for a transfer of leave has been granted. The Applicant was applying to switch from the 10-year partner to the 5-year partner route. In our initial consultation, we advised the Applicant of the requirements of a transfer of leave from the 10-year partner route to the 5-year partner route under the Immigration Rules and we also explained the importance of meeting the requirements of Appendix FM and Appendix FM SE of the Immigration Rules. The Applicant’s application was well prepared and he received a successful decision within 24 hours from the date of submission.
The case for a transfer of leave application – switching from 10-year partner route to 5-year partner route
The Applicant was a national of the United States of America and was residing on a 10-year partner visa in the United Kingdom. The Applicant initially applied for a 5-year partner route and despite comfortably meeting the requirements his application was refused on the grounds that he did not provide the specified documents under Appendix FM SE. The Applicant submitted his application without legal assistance and therefore submitted an incomplete application. The Applicant appealed the refusal decision to the First-tier Tribunal and he was granted a 10-year partner visa outside the Immigration Rules on the basis of his Human Rights under the ECHR. Whilst the Applicant accepted the judgement he was not content with the outcome as this now meant that he would be entitled to indefinite leave to remain (settlement) after a 10 year period instead of the normal 5 years. Further, under the 10-year partner route, the Applicant would need to make 3 extensions application incurring further Home Office application fees. The Applicant contacted us and he was very keen on finding out how he can apply for a transfer of leave so that he can use the 5-year partner route to settlement. Our immigration team explained the requirements of his application under the Immigration Rules and confirmed that the specified documents were available this time around. The Applicant instructed our immigration team to prepare and assist with the submission of his transfer of leave application.
What are the requirements for a transfer of leave application – switching from 10-year partner route to 5-year partner route?
It is possible to apply for a transfer of leave from any route outside the Immigration Rules to a route within the Immigration Rules (vice versa within the rules to outside the rule). In this particular case, the Applicant wished to transfer his leave from the 10-year partner route to the 5-year partner route. The requirements of the two applications were very similar. We advised the Applicant in accordance with the requirements set out under the Immigration Rules and Appendix FM and Appendix FM SE of the Immigration Rules. We also explained the importance of following the Home Office Policy Guidance as these often have useful information regarding the documents and requirements. We advised the Applicant that he must meet the following requirements:
- His marital relationship with his Sponsor must genuine and subsisting. He must provide evidence of his relationship and that he stayed with the Sponsor since the grant of his last visa;
- He must intend to reside with his Sponsor permanently and provide evidence of their presence in the United Kingdom;
- He must have suitable accommodation in accordance with the Housing Act 1985;
- He or his Sponsor must meet the financial requirement of £18,600 (i.e. have enough money to support himself without recourse to public funds). There are a number of different methods of meeting the financial requirement i.e. salaried employment, self-employment or cash savings; and
- He must satisfy the English language requirement.
How we can assist submit a successful transfer of leave application – switching from 10-year partner route to 5-year partner route?
The Applicant informed us that he wanted to purchase the super-priority service so that he could receive a decision on his application within 24 hours from the date of submission. Our solicitors informed the Applicant that applications submitted using the super-priority service must be well prepared as any little issue would result in his application being delayed or refused. It was important that the strict words of the Immigration Rules were followed and the requirements were met. Our solicitors and barristers successfully guided the Applicant through the application process and prepared strong legal representations which focussed on how the Sponsor satisfied the Immigration Rules. Unlike OISC regulated practices, our solicitors are qualified at the highest level and regulated by the Solicitors Regulation Body (SRA). Our specialist Immigration Team works closely with Applicants ensuring that all the mandatory documents are collected for the application.
In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of his documents to ensure that Applicant submits the correct documentary evidence in the correct format, which meets the Home Office’s requirements. We also prepared and assisted the Applicant with the online visa application form and declaration pages.
Using Legal Representation to submit a transfer of leave application – switching from 10-year partner route to 5-year partner route
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a transfer of leave. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your transfer of leave application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully apply for a transfer of leave application – switching from 10-year partner route to 5-year partner route
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a transfer of leave application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a transfer of leave application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a transfer of leave application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.